Garza says spankings are options to fines

BROWNSVILLE - Cameron County Pct. 6 Justice of the Peace Gustavo "Gus" Garza could not say Friday how many children have been spanked in his courtroom in Los Fresnos for truancy or misbehavior.

"I never kept count," Garza said outside a state district court.

Garza, a former Willacy County district attorney and special prosecutor, avoided a temporary restraining order Friday to stop spankings in his courtroom from 404th District Judge Abel C. Limas.

But he will return to Limas' courtroom at 10 a.m. Wednesday.

Garza said he does not order spankings and that these are an "option" to possible fines of as much as $500.

"No one has complained to me," Garza said, noting that a parent never told him that he or she did not believe in spanking or didn't want to spank their child.

An attorney licensed to practice law in Texas since November 1982, Garza, 54, has held the JP post here since January 2007. His wife Martha E. Galarza is county auditor.

By the time of his next court appearance Wednesday, Cameron County Commissioners Court will have met on Tuesday to decide if legal representation will be provided to Garza at taxpayers' expense.

County Judge Carlos Cascos said Friday that it is not unusual for the county to defend elected officials when they face accusations, unless there could be some conflict.

"Many times we have to foot that bill," Cascos said, noting that a decision would be made Tuesday.

Los Fresnos residents Mary Vasquez and Daniel Zurita, on behalf of their 15-year-old daughter, are seeking a temporary restraining order that would stop Garza from allowing or suggesting the spankings.

In a lawsuit filed Wednesday, they also seek to have him removed from office.

At a brief proceeding before Limas on Friday, Commissioners Court counsel Richard Burst and Bruce Hodge stood by Garza, arguing that Garza should be allowed time to secure an attorney.

"He has no counsel," Burst said.

Burst also contended that Limas did not have jurisdiction to remove Garza from office or consider the temporary restraining order and that Garza had not spanked anyone. The "parents did," Burst said.

The family's attorney Mark Sossi said he was shocked that Burst would not agree with a temporary restraining order given the "astronomical" liability to which the county would be exposed if a child was injured.

Sossi also said that the temporary restraining order was not to remove Garza, but to stop what, "begins to fall into the category of beatings."

Although Limas did not issue a temporary restraining order, pending further court hearings, he told the parties that "all are aware of what's going on. All parties are smart enough to refrain from any further acts."